Law: Civil Procedure Code (V of 1908)

Section: 151 , 23 , 25

Civil Procedure Code (V of 1908)--- ----S. 151 & O. XLI, Rr.23, 25---Remand of case---Conditions---Power of Court to remand a case in extraordinary circumstances---Extent---High Court, on filing appeal against concurrent judgments and decrees of Courts below, instead of deciding matter itself, remanded case merely because in estimation of High Court judgments and decrees of Courts below were violative of any procedural law or offended against substantive law on a particular point---Validity---Case could be remanded by Appellate Court in two eventualities as provided under O.XLI, Rr.23 & 25,. C. P. C. firstly, when suit was disposed of by Courts below on preliminary issue; and secondly, when Courts below had omitted to frame issues necessary for resolving controversy between parties---Both said eventualities or conditions were non-existent in the case as suit was decided by Courts below not on preliminary issue, but on all issues framed and question of non-framing of issue was also not involved in the case---Court, in extraordinary circumstances, had powers to remand case in exercise of its inherent powers under S.151, C.P.C. in the interest of justice, but such powers should only be exercised sparingly and in unavoidable circumstances---In absence of such unavoidable circumstances in the case, High Court was not justified to invoke its inherent jurisdiction in remanding case---Order of High Court, whereby case was remanded, was set aside in circumstances. Abdul Karim Abu Ahmed Khan Ghaznavi v. Allahabad Bank Ltd. AIR 1917 Cal. 44; Anandro Baliram v. Parvatibai AIR 1941. Nag: 308; ',Tikaram Kashiram v. Ganeshmal Jagumal AIR 1944 Sindh 71 and Hafiz Muhammad Ramzan v. Muhammad Khalique 1991 CLC 417 ref, Raja Muhammad Siddique Khan, Advocate for Appellants. Ch. Muhammad Riaz Alam, Advocate for Respondents. Date of hearing: 28th October, 1997..   JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.- As the above entitled appeals arise out of the single judgment of the High Court, we propose to decide the same by this single judgment The brief facts of the case are that Abdul Rashid, appellant, brought, a declaratory suit with the consequential relief of…